Legal Opinion

Hunter v. Mathewson

Appellate Court of Illinois

Decided August 8, 1888Published

Appeal from the Superior Court of Cook County; the Hon. Johu P. Altgeld, Judge, presiding. This was am action upon the common counts for money had and received, brought by appellees, Mathewson and Haidle, who were engaged in farming and stock business at Stanton, Nebraska, against appellant Hunter, who was engaged as a live stock commission merchant at the Union Stock Yards, Chicago, to recover the sum of §1,311.69, as part of the proceeds of certain live stock shipped May…

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Appeal from the Superior Court of Cook County; the Hon. Johu P. Altgeld, Judge, presiding. This was am action upon the common counts for money had and received, brought by appellees, Mathewson and Haidle, who were engaged in farming and stock business at Stanton, Nebraska, against appellant Hunter, who was engaged as a live stock commission merchant at the Union Stock Yards, Chicago, to recover the sum of §1,311.69, as part of the proceeds of certain live stock shipped May 2, 1885, by one C. Abrams, by rail, from. Stanton aforesaid, to. said Hunter, as such commission merchant, to be sold by…

1Opinion of the CourtMcAllister, J.

Abrams being indebted to defendant Hunter upon a general balance for advances made by the latter to the former in the same line of business, Hunter would, if no sufficient reason to the contrary were shown, have been entitled to a lien on the cattle in question for such advances, when taken into his possession with the assent of Abrams, to be sold by Hunter as such commission merchant, and upon the proceeds of the cattle, the moment they were received. 1 Jones on Liens, Secs. 418, 468, afid cases in notes.

The plaintiffs, in order to establish their right to said proceeds and defeat said lien,…

2Cases cited7 opinions

  1. Gibson v. StevensSupreme Court of the United States · 1850
  2. Chicago & Northwestern Railway Co. v. MorandaIllinois Supreme Court · 1884
  3. Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
  4. Holbrook v. WrightNew York Supreme Court · 1840
  5. Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1851

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